Remix Laws Should Be Like A Grocery Store
The immediacy of new media culture has caused havoc in the legal realm. To a degree, the legal field has not caught up with the new wave of culture. Laws designed for the print culture are obsolete in the new media culture. Trying to apply the old legal system on new media culture requires complex maneuvering that is open to a variety of interpretations. A new system, created with the fluidity of new media culture, is required.
Remixes are prevalent in new media culture; “anyone with access to a computer and an internet connection can create remixes, mash-ups, and spin-offs combining musical and audiovisual elements to create new works” (Rostama). New technology encourages creativity by opening doors to new ideas. Our new creative culture demands access to remix and use of original pieces as a foundation for further creation. Without remixing, we fall back into print culture norms. Historically, Lawrence Lessig states “for the ordinary consumer, [read only] tokens were to be played, not manipulated. And while they might legally be shared, every lending meant at least a temporary loss for the lender. If you borrowed my LPs, I didn’t have them. If you used my record player to play Bach, I couldn’t listen to Mozart” (Remix 37). Creativity was confined to the ability of technology. Now that technology has advanced, a consumer could play Bach and Mozart at the same time from a single device. The musical mash up might not sound very good but that important component is that it is possible.
The legality of remixing is complicated. Guilda Rostama explores if remixing is legal or not, “Remixes do violate the copyright in a pre-existing work, insofar as the act of creating a second work that contains elements of an original work violates both the right of reproduction (Article 9 of the Berne Convention) and the right of communication to the public (Article 8 of the WIPO Copyright Treaty) of the original author”. Rostama says that remixing can and do break copyright laws. However, Rostama continues,
Remixing is both illegal and legal which creates a flurry of confusion. Laws need to be updated to clear away the confusion of copyright infringement and encourage culture growth through the expression of creativity.
Culture has changed and is changing constantly. Lawmakers have found it impossible to keep up. Consumers want access and creators want compensation but ultimately the battle is for control. Lawrence Lessig explored a few successful examples where both creators and consumers were satisfied. He says “The key with each successful example was to find a balance between access and control that would satisfy both the consumers and the creators” (Remix 42). Culture needs a new balancing system that operates seamlessly in the background. When I go to the grocery store, I can pick out the items that I want and go home and make a dish from them. I am not angry that the grocery store charged me for the supplies I needed. If anything, I am thankful that I did not have to farm my own land or raise chickens. I do not even have to think about getting access to the ingredients, my only concern is what I want to make. Laws need to be put in place that allows the new media remix culture to function likes grocery stores.
